Necessary Qualifications for an invention to be protected as a Patent

Necessary Qualifications for an invention to be protected as a Patent/Utility Model:

Novelty: Any invention which is not part of comprised in the State-of-the-Art shall be deemed as novel. The State-of-the-Art shall be held to comprise information/data pertaining to the subject matter of invention, accessible to the public in any part of the world, prior to the date of filing of the application for patent by disclosure whether in writing or orally, by use or in any other way.

State of Art: An invention shall be deemed to surpass the State-of-the-Art (to involve inventive activity/step) when it is the result of an activity which is not obviously realizable from the State-of-the-Art, by a person skilled in the concerned technical field.

Applicability to the industry: An invention shall be regarded as being applicable in industry where it is susceptible to be produced or used in any given field of industry, including agriculture. 

 

 
Geri